Clathacker Mock Paper II 20-03-2015

CLAThacker Mock Paper II 20-03-2015

Section I

Legal Aptitude

1.Case-Mrs. Anand went to Mallazan Antique Shop to buy a vase. Mahazan showed her a vase and told her that it was of the Gupta period. Actually is was older and much more valuable than Mahazan thought. He added, and believed', that the vase was "absolutely unbreakable". Mrs. Anand said she did not care whether the vase was of the Gupta period, she bought it. Leaving the shop, she hailed a taxi driven by Suresh, an employee of the Capital Taxi Company. Suresh had just completed his duties for the day. However, he offered to drive Mrs. Anand home for his. usual fee. Capital Taxi Company had a firm policy prohibiting its employees from carrying passengers while off duty. Suresh carelessly drove and took a turn without signalling. The taxi rammed into a truck carrying gasoline. Mrs. Anand was thrown to the floor of the taxi and injured her back, The vase was smashed.

Principle of Law-I"Fraud consists of a misrepresentation of existing fact upon which the defendant intends that the plaintiffs will rely, and upon which the plaintiff justifiably relies to 'his detriment"

In a suit foefraud brought by Mrs. Anand against Mahajan,

(a) Mrs. Anand will win because the vase was smashed

(b) Mrs. Anand will win because the vase was not of the Gupta Period

(d) Mrs. Anand will lose because she did not care whether the vase was unbreakable.

2. Principle of Law -"An employer is liable for injuries caused by the careless acts of an employee, committed in the course of his employment".

In a suit brought by Mrs. Anand against Capital Taxi Company for injuries caused by the careless driving of Suresh,

(a) Mrs. Anand will win because Suresh was Capital's.employee and his careless driving caused her injury.

(b) Mrs. Anand will win because Suresh charged her the usual fee, even.though lie was off duty. (c) Mrs. Anand will lose because Suresh was off duty.

(d) Mrs. Anand will lose because Capital had a firm policy prohibiting its employees from carrying passengers while off duty

3. Principle of Law- "If, as a result of carelessness, one injures another, he is legally liable to the injured victim for resulting damages, unless the victim's own carelessness also contributed to causing the accident. However, if one becomes aware that another has, through his own fault, placed himself in peril of which lie is unaware, or from which he cannot extricate himself, and the one so aware can still avoid injury to the helpless victim through the exercise of reasonable care, theone so aware will be liable for injuries which he causes the helpless victim through failure to take advantage of this ultimate opportunity to save the victim from such injuries"

Facts- Chatterjee carelessly left a pole protruding across a public road. Mukherjee, riding a motorcycle, saw the pole but, since he was driving at a speed substantially above the posted limit, lie collided With the pole and was injured. . In an action by Mukherjee against Chatterjee,

(a) Mukhedee will win because if it had not been for Chatterjee's carelessness, Mukhedee would not have been injured.

(b) Mukhedee will win because Chatterjee had an opportunity to prevent the injury by putting up a warning.

(c).Mukhedee will lose because he was already breaking the law by driving too fast.

(d) Mukhedee will lose because if he had not been speeding, he would not have been injured.

4. Dwivedi ignored a red light-and drove his car onto the railway tracks as a train was approaching. The motor stalled and Dwivedi did not have sufficient time to get the car across the tracks. Trivedi, the railway engine driver, saw Dwivedi and could have stopped the train had he not been waving at a group of girls jogging along a road beside the track. They collided and Dwivedi was injured. In an action by Dwivedi against Trivedi,

(a) Dwivedi will win because lie could not get to safety in time.

(b) Dwivedi will win because Trivedi was operating the train in a careless manner.

(d) Dwivedi will lose because he did not obey the red signal.

5. Principle:Contractual liability is completely irrelevant to the existence of liability in tort (civil wrong)

Facts:X purchased a bottle of ginger-beer from a retailer. As she consumed more than ¾ of the contents of the bottle, she found a decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick on the thought of what she consumed. She used the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer.

(a) X cannot sue the manufacturer for negligence in the absence of a contract

(b) X can sue the retailer from whom she purchased the beer.

(d) X can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substances than the beer and hence liable to have broken that duty.

6.PrincipleAny person who has received any unjust benefit, he/she must return it to the rightful owner.

Facts: A and B were staying in the same hostel room. B’s father had sent a parcel to him on his birthday contained expensive gifts. This parcel was delivered to A as B had gone out for a movie. (a) A can retain the parcel without informing B

(b) A can keep some gifts from the parcel and return the rest to B

(d) A can inform B about the parcel and need not return the parcel to B

7. Principle: A man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbours.

Facts: Mr. Z is the owner of a plot measuring 50 feet by 80 feet. He constructed a small house at one corner and was using the rest of the land as a cow shed. He had 20 cows and is involved in selling the milk to the public. The cow dung and other wastes were openly stored in a small 10 feet by 8 feet tank. This constantly paved way for bad smell and breeding of mosquitoes. Mrs. Y, his neighbour constantly complained to Mr. Z but in vain.

(a) Y cannot take any other action against Z

(b) Z can do something to prevent the foul smell.

(d) Y can sue Z for damages based on the inconvenience caused by Z.

8. Principle: Special damage is the loss of some material advantage; pecuniary or capable of being estimated in money which flows directly and in the ordinary course of things from the act of the person who is responsible.

Facts: Raju has been sending his Tourist cars for repairs, maintenance and service to Lakshmi Service Centre, who promptly attended to all the works during the past five years. However, when Raju sent a new Sumo van for servicing and minor repairs,; he indicated to the Manager of Lakshmi Service Centre that the vehicle must be delivered; duly serviced, by 10th August 2006 at 5 PM as three foreign tourists had booked the vehicle for a period of 3 months. The vehicle was not delivered as required, but was delivered only on 12th August 2006. Raju had lost the contract with the foreign tourist and a loss of revenue to the extent of Rs. 30,000.

(a) Raju can sue the Lakshmi Service Centre for damages including exemplary or special damages to the extent of Rs. 30,000/-

(b) Raju can sue Lakshmi Service Centre only for ordinary damages for two days delay

(d) Raju can sue the Manager of the Service Centre for damages.

9. Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.Facts: The Agriculture University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters, was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor: She touched the motor that was not covered properly and three of her fingers were cut.

(a) The parents of the child cannot sue the University on any Grounds

(b) Inspite of the child’s act, her parents can successfully sue the University for Damages.

(c) The University can be made liable only to the extent of the 435 cost of treatment as the child also contributed to the incident.

(d) Only the child can sue and not her parents.

10. Principle: A bailment is a delivery of goods on condition, express or implied; that they shall be restored to the bailor (person delivering the goods) as soon as the purpose for which the goods have been bailed is complete.

Facts: Javed, the owner of two cows had to leave the town for a period of 3 months. He handed over these two cows to hisfriendRahim that he would take them back on his return after three months. After two months; one of the cows gave birth to a healthy calf. Javed returns after three months and seeks the return of cows from Rahim.

(a) Rahim need not return the cows.

(b) Rahimcn return the cows provided Javed pays him some money towards expenses for maintaining them.

(d) Rahim has to return the cows and the calf without any demand for money

11. Principle: An act of good is an operation of natural forces so unexpected that no human foresight or skill could reasonably be expected to anticipate it.

Facts: The New Friends Association was celebrating its 10th Anniversary and arranged for a concert by a leading musical group. The event was organized in one of the best auditoriums and all the tickets were sold out. On the day of the event, an earthquake destroyed many building including the auditorium. People who had purchased the tickets asked for refund from the New Friends Association as the show could not take place.

(a) The New Friends Association must refund the cost of tickets.

(b) The management of the auditorium must refund the cost of the tickets

(d) The ticket holders can demand the show to be organized at a later point of time.

12. Principle: A contract entered into by a minor, who is less than 18 years of age, is a void contract and cannot be enforced against the minor in law except for the contract entered by the minors for his necessities.

Facts: A, a minor enters into the contract with a book seller. The book seller supplied the school books and stationary as required by A. After receiving the books and stationary, A refuses to pay the book seller on the ground that he is a minor, and as such the contract with the book seller is not enforceable.

(a) Book seller cannot enforcer the contract as ‘A’ is a minor.

(b) Book seller can enforce the contract even against the minor as the contract was for his necessities

(d) Even after A becomes a major, this contract cannot be enforced by the book seller.

13. Principle: An agreement is void and unenforceable if considerations and objects are unlawful.Facts: A enters into an agreement with B for manufacture of 10 country made pistols and 10 land mines. A promises to pay a sum of Rs. 2,00,000/- and advances a sum of Rs. 25,000/- to B. On completing the work and handing over the materials as required; A refuses to pay the remaining sum of Rs.1,75,000/- to B.

(a) B cannot move any court for enforcement of this contract

(b) B can move the Civil Court for enforcement of contract

(d) B can move the Supreme Court directly as this fundament and legal right is violated.

14.Principles: Agreement by way of wages is void and no suit lies for recovering anything won by such wager.

Facts: Mr. X and Mrs. Y enter into a contract with Raman who is all expert in betting on horse racing. Both pay a sum of Rs. 2,000/- to Raman to bet ion a particular horse. Raman followed the instructions and he won a sum of Rs. 20 lakhs.

(a) Raman has to pay Rs. 20 lakhs to Mr. X and Mrs. Y

(b) Raman can divide Rs. 20 lakhsuinto three parts and share it equally with Mr. X and Mrs. Y

(D) Raman need nit give anything to Mr. X and Mrs. Y as this agreement is not enforceable.

15.Principle: A master is liable for any tort committed by his servant in the course of his employment.

Facts: Martin appointed Gopal as his driver. One day Martin sent the driver to fetch some foods from a nearby shop. On his way, Gopal injured an pedestrian who was trying to cross the road as per the traffic signal(lights).

(a) The pedestrian cannot sue Gopal

(b) Martin can direct Gopal to pay the compensation

(d) The pedestrian cannot sue Martin.

16. Principle: A contingent contract is a contract to do or not d to do something, if some event; collateral to such contract; does or does not happen.

Facts: A agrees to pay B a sum of Rs. 1 lakh if B marries C within a period of six months. B marries C during the seventh month as the marriage hall was aailabnle only during that month,. B claims Rs. 1 lakh from A.

(a) B can successfully claim Rs. 1 lakh from A

(b) B cannot claim, Rs. 1 lakh from A as B married C after the duration set in the contract

(d) C can successfully claim Rs. 1 lakh from A for having married B.

17. Principle: A person is liable for all the injurious consequences of his careless act.

Facts: Ram, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.

(a) Ram is liable to compensate the child’s family for his careless act

(b) Ram is not liable to anything as such things keep happening.

(d) The child should have taken adequate care from protecting herself from the snake bite.

18. Principle: Whoever attempts to commit suicide and odes anything towards killing hiself is said to have committed and offence.

Facts: Mr. Ashoka was dejected in his life. He had neither any interest to live nor any goals to achieve. He was not getting proper sleep. In order to get good sleep, he used to take sleeping tablets. One day he has consumed lot of sleeping tablets. He knew that consuming such heavy quantity of sleeping tablets could be fatal. His family members realized the situation and admitted him to the hospital, where he was treated in the emergency ward. Now he is alright. (a) Mr. Ashoka needs psychiatric treatment

(b) Mr. Ashoka has not committed any offence as he has only consumed lot of sleeping tablets, which anyway he was taking earlier.

(d) Mr. Ashoka should have taken the sleeping tablets under the supervision of the Doctor.

19.Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal safety or others is said to have committed an offence.

Facts: Mr. Mangeskar owns a Yamaha motorcycle which has very good pick up and speed. He is studying in the IV semester of Mechanical Engineering degree course. One day it was getting late for the college as he woke up late in the morning. He got ready and was rushing to the college so that he would not miss the class. He was riding the motor cycle at a speed of 140 km. per hour in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/scared with the way Mr. Mangeskar was riding the motorcycle.

(a) Mr. Mangeskar has committed an act of rash and negligent driving

(b) Mr. Mangeskar is very good in driving so there is no need for others to be panicky about his driving

(d) The Yamaha Motor Cycle is very good and it can be driven at great speed.

20. Principle: Marrying once again during the sustenance of earlier marriage is an offence punishable under law.

Facts: Mr.Kishore and Ms. Shilpa are married for the last 4 years. Ms. Shilpa met with an accident and was admitted to the Hospital in an unconscious condition. Now 50 days have lapsed and her unconscious condition continues. The doctors say that her survival would be difficult. Mr. Kishore and Ms. Shilpa have a young Kid aged 8 months, whom they like very much. As there is no body to take care of the child Mr. Kishore asked his friend Ms. Sandhya to take care of the kid. She imposed a condition that she would take care of the kid only if he marries her. Under these circumstances Mr. Kishore married Ms. Sandhya.